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No reassessment beyond 4 years on issue already dealt during original assessment

October 19, 2021 4113 Views 0 comment Print

Saurabh Natvarlal Soparkar Vs ACIT (Ahmedabad High Court) it is evident that a specific query was raised by the Assessing Officer with respect to Section 14A and the same was appropriately replied by the writ applicant. The same was accepted at the relevant point of time. Once again the very same issue is sought to […]

Reopening could not have been done in absence of new facts coming to knowledge subsequent to original assessment proceedings

October 19, 2021 4674 Views 0 comment Print

Cognizant Technology Solutions India Private Limited Vs ACIT (Madras High Court) Conclusion: In present case, the Division Bench of the Hon’ble Madras High Court provided relief to the Petitioner observing that in the absence of new facts coming to the knowledge of the Assessing Officer subsequent to the original assessment proceedings, the reopening could not […]

Jharkhand HC quashes vague SCN on wrongful availment of ITC

October 19, 2021 12660 Views 0 comment Print

Proceedings under Section 74 of GST Act have to be preceded by a proper SCN – Jharkhand High Court quashed the Show Cause Notice (SCN) in respect of wrongful availment of Input Tax Credit (ITC) as it was vogue, unclear and lacked serious details.

HC orders CBI inquiry against erring officers of Customs & Anti-Evasion Unit

October 16, 2021 2502 Views 0 comment Print

Punjab HC initiated CBI enquiry to fix liability of erring Customs Department and Anti Evasion GST Units in respect of clearing of Consignment without making any entry.

HC took strong view against Carelessness by AO in Assessment

October 16, 2021 12108 Views 0 comment Print

HC has held that an assessment order passed by the Assessing Officer (AO) should necessarily be made with sound consideration and application of mind, and any absence thereof shall make the order liable to be set aside and would warrant imposition of substantial costs on such AO.

SEZ entitled to refund under GST

October 14, 2021 7821 Views 0 comment Print

Section 54 of the CGST Act to ‘any person’ and would include the SEZ as well and accordingly, it shall be entitled to claim the refund of erroneously remitted tax.

HC makes scathing remarks against dept for not allowing filing of Form Trans-1

October 14, 2021 5181 Views 0 comment Print

HC directs Department is to open the portal and allow the Petitioner to file declaration in Form GST TRAN-1 and GST TRAN-2 so as to enable them to claim the transitional credit of the eligible duties in respect of the inputs held in stock on the appointed day in terms of Section 140(3) of the CGST Act.

Benami Act, 1988, would not extend to properties purchased by the company

October 13, 2021 5331 Views 0 comment Print

In present facts of the case the Hon’ble High Court have allowed the writ petition filed by the Company, wherein it was held that so far as the ownership of land is concerned, each company has right to purchase property and the Benami Act, 1988, would not extend to properties purchased by the company.

A declarant seeking remedy under SVLDR Scheme, 2019 shall be given an opportunity of being heard if their declaration is rejected

October 13, 2021 1323 Views 0 comment Print

Balaji Services Vs Union of India and others (Madhya Pradesh High Court) A declarant seeking remedy under SVLDR Scheme, 2019 shall be given an opportunity of being heard if their declaration is rejected The Hon’ble Madhya Pradesh High Court in M/s Balaji Publicity vs. Union of India and others [WP No.3133/2021 and W.P. No.3130/2021 decided […]

When personal appearance can be insisted under GST Law: HC issues notice on Plea

October 13, 2021 1365 Views 0 comment Print

Vineeet Kumar Vs Union of India (Punjab and Haryana High Court) The precise contention of the learned counsel for the petitioner is that while appearing in response to a notice under Section 70 of the Central Goods and Services Tax Act, 2017 (for short the CGST Act), Section 116 of the CGST Act permits the […]

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